TUESDAY: 5 December 2023. Morning Paper. Time Allowed: 3 hours.
This paper has seven (7) questions. Answer any FIVE questions. ALL questions carry equal marks. Do NOT write anything on this paper.
QUESTION ONE
1. The Supreme Court is the apex court in the judicial system.
Describe the composition of this Court in your country. (4 marks)
2. Summarise FIVE steps an agent could take to protect himself from personal liability in an agency relationship. (5 marks)
3. In relation to the principle of insurable interest, identify FIVE categories of persons who have an insurable interest in the life of other people. (5 marks)
4. Disputing parties are encouraged to explore alternative methods to resolve disputes including traditional dispute resolution mechanisms.
Outline SIX benefits that could be derived from the use of these mechanisms in resolving disputes. (6 marks)
(Total: 20 marks)
QUESTION TWO
1. Describe the following aspects with regard to trademarks as an intellectual property:
Infringement of trademark. (2 marks)
Passing off. (2 marks)
2. State THREE functions of law. (3 marks)
3. The Court underscored the confidential relationship between the bank and its customers in Tounier v National Provincial and Union Bank of England, Ltd (1923).
With reference to the above statement, explain the confidentiality principle in bank and customer
relations. (2 marks)
Highlight FOUR exceptions to the principle in (c) (i) above. (4 marks)
4. Outline SEVEN circumstances that would make consideration in a contract unlawful. (7 marks)
(Total: 20 marks)
QUESTION THREE
1. Explain the term “Occupier’s liability” as used in the law of Tort. (2 marks)
2. Martin is employed as a waiter by Jackson in his restaurant. One of his duties is attending to customers’ orders. Jackson manages the restaurant by himself and expressly gives instructions to all his employees in the restaurant on how to do their work. One day while Martin was serving a customer, a hot beverage accidentally poured on a customer causing severe burns.
Required:
Describe the legal principle in this scenario. (2 marks)
Determine the party or person to bear the liability for the injury suffered by the customer. (2 marks)
State FOUR reasons why the party or person identified in (ii) above will bear the liability. (4 marks)
3. In relation to sale of goods, explain the meaning of “Transfer of ownership”. (2 marks)
Examine FOUR implications of transfer of ownership. (8 marks)
(Total: 20 marks)
QUESTION FOUR
1. A contract can be discharged by frustration if it becomes impossible to perform. Identify SIX factors that may frustrate a contract. (6 marks)
2. The High Court is established as a superior court with the jurisdiction to supervise proceedings in subordinate courts and tribunals.
Outline FIVE orders the High Court may issue while exercising this jurisdiction. (5 marks)
3. With regards to land ownership, state FOUR ways in which absolute proprietorship can be created. (4 marks)
4. Identify FIVE characteristics of unincorporated associations. (5 marks)
(Total: 20 marks)
QUESTION FIVE
1. Explain the term “holder in due course” in the context of negotiable instruments. (2 marks)
2. Describe two responsibilities of the seller under each of the following terms as used in international trade:
F.O.B. (2 marks)
C.I.F. (2 marks)
3. Agents must perform an undertaking personally and must not sub delegate.
Highlight SIX exceptions to this principle. (6 marks)
4. Maera took a television set from Teleset Ltd. on hire purchase terms. The hire purchase price was Sh.90,000.
Maera was then unable to make any further payments after making cumulative payments of Sh.80,000 due to financial constraints. Teleset Ltd. sent its agents to immediately recover the television set from Maera’s house.
Analyse FOUR consequences of the action taken by Teleset Ltd. (8 marks)
(Total: 20 marks)
QUESTION SIX
1. Discuss FIVE ways in which written ethical standards deter wrong doing and promote ethical behaviour in an organisation. (5 marks)
2. In relation to contracts of guarantee, a surety is said to be discharged when his liability comes to an end.
State FIVE circumstances that may lead to the liability of a surety coming to an end. (5 marks)
3. With reference to corporate governance, examine FIVE roles of the Board of Directors of an organisation. (10 marks)
(Total: 20 marks)
QUESTION SEVEN
1. Identify FIVE consequences of poor corporate governance practices to a business organisation. (5 marks)
2. Explain FIVE roles of regulatory bodies such as the Capital Markets Authority (CMA) in promoting corporate governance. (5 marks)
3. Justify the need for organisations to develop and be guided by corporate governance frameworks. (10 marks)
(Total: 20 marks)
